26 June 2014

"Please Desist": Drafting 'cease-and'desist" letters in the online environment and avoiding negative perceptions

By Clive Elliot QC The influence of social media, whether through Facebook, Twitter, LinkedIn or the like continues to grow. Social media interactions tend to be more casual and informal. However, this informality does not lessen the legal impact, particularly if these interactions are harmful or damage reputations. This is ... More about "Please Desist": Drafting 'cease-and'desist" letters in the online environment and avoiding negative perceptions.

3 June 2014
By New Zealand Law Society

Wills Inquiries advertised in May 2014

ATKINSON, Valerie Clare: Died on 2 May 2014. Late of Christchurch. Canterbuy/Westland Branch email 30 May 2014. Contact Brian Palliser, Hill Lee & Scott, 03 379 7780, BODELL, Peter Michael: Died on 29 April 2014. Late of 135 Church Street, Palmerson North. Manawatu branch email, 7 May 2014. Contact ... More about Wills Inquiries advertised in May 2014.

2 November 2012
By Elliot Sim

Practising rural law

What does it mean to be a rural lawyer? Christchurch practitioner and specialist in rural law Kit Mouat says lawyers in rural areas need to be general practitioners and have the ability to work with others to gain the vast amount of knowledge needed to deal with rural matters. Mr ... More about Practising rural law.

2 November 2012
By Rachael Breckon

Rural practice – the green grass

To be a good rural lawyer takes commitment, not only to the law, but also to the agricultural sector. “It’s not just about being a lawyer. It is about being seen to commit to the industry and to promote the industry as well,” according to Chris Spargo, director of Rotorua-based ... More about Rural practice – the green grass.

3 May 2012
By Ben France-Hudson

What does ‘untenantable’ mean?

By Ben France-Hudson* Recent comments in legal publications suggest dissatisfaction with the courts’ approach to the test for untenantability under clause 26.1 of the ADLS Inc Deed of Lease (LawTalk 789, 17 February 2012, page 12). There is limited judicial discussion of untenantability. The current approach can be traced back ... More about What does ‘untenantable’ mean?.

14 November 2011

Quality control of e-dealing

The Registrar-General of Land says that overall, the e-dealing system is working well and lawyers take their obligations seriously – but there is still room for improvement. Robbie Muir says lawyers need to be particularly careful when certifying and signing transactions. “They need to confirm they have all the requisite ... More about Quality control of e-dealing.

6 October 2011
By Rachael Breckon

Tikanga Māori and the legal system

Tikanga Māori, like common law, is a set of rules developed over centuries based on commonly understood concepts such as fairness and equity, but unless explicitly provided otherwise it does not play a part in New Zealand’s Westminster-based legal system. This can cause difficulties for lawyers representing Māori. Damian Stone ... More about Tikanga Māori and the legal system.

2 May 2011

Working with the Commerce Commission

Wellington barrister Peter Taylor spent 10 years as General Counsel at the Commerce Commission before joining Waterfront Chambers. He has a number of thoughts on working with the commission. In this article, Mr Taylor answers a series of questions. What is the commission’s main role? The Commerce Commission is sometimes ... More about Working with the Commerce Commission.

6 April 2011

Privacy Commissioner Case Note considers charging of lawyers for providing rates information

The Privacy Commissioner has released a case note on the charging of lawyers by local authorities for the provision of rates information (Case Note 209742 [2010] NZ Priv Cmr 21). The Commissioner says a number of lawyers had complained about local councils charging a fee upon a request for rates ... More about Privacy Commissioner Case Note considers charging of lawyers for providing rates information.

1 February 2011

Digital death

An estimated 1-1.5 million Facebook profiles globally will outlive their owners this year. It is safe to assume that many of these users have never considered what will happen to their online information after they die. As more and more information is stored online, this question will increase in importance. ... More about Digital death.

10 December 2010
By Land Information New Zealand

Evidence of authority for e-dealing: trusts and trustees

Practitioners acting for trusts in the context of e-dealing transactions sometimes encounter difficulties obtaining the requisite authority from an outgoing trustee. It is important to recognise that the usual conveyancing requirements apply in these circumstances – there are no easy shortcuts. In the absence of a suitable power of attorney ... More about Evidence of authority for e-dealing: trusts and trustees.

10 November 2010

Companies Office records

Older company records destroyed Some Companies Office records dated before 31 December 2002 have been destroyed. This follows a May 2009 review of Companies Office archived records. The review, conducted by the Registrar of Archived Documents, determined that many of those records no longer needed to be kept and they ... More about Companies Office records.

10 November 2010

Paternity search limits

A paternity search is a limited tool that does not necessarily reveal all of a person’s children, the Registrar of Births, Deaths, and Marriages (BDM) advises. Lawyers administering estates often approach BDM for paternity searches but there is no guarantee that such a search will reveal every child for whom ... More about Paternity search limits.

10 November 2010
By Martin Scott

IRD tax disputes process

New Zealand’s tax laws can be complex, so it’s not surprising practitioners sometimes disagree with Inland Revenue on how to interpret the provisions. Achieving resolution isn’t always easy, and two years ago the New Zealand Law Society pressed for changes to the tax disputes process. What’s happened since then? Thanks ... More about IRD tax disputes process.